Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have […]
You need a partnership agreement, limited liability agreement, or shareholder’s agreement depending on the type of business entity you have. If you have a general partnership, or a limited partnership, there should be a partnership agreement that governs your business entity. The partnership agreement contains many provisions that help govern the business while you are […]
That will depend on two major factors: (1) what type of legal entity is the business (i.e., partnership, corporation, limited liability company, etc.), and (2) how did your spouse hold title to the business interest? The type of business entity. Business transactions between partners can be messy because they oftentimes are not well documented. A […]
Who has the right to challenge a Will, or a Trust for that matter? To challenge a Will or a Trust in California, the person filing the Trust or Will contest lawsuit must have legal standing to do so. The concept of standing has evolved from centuries of jurisprudence, first in England and then adopted […]
The answer is maybe, but you’re going to face an uphill battle. Unfortunately, the law does not give you an automatic right to receive a parent’s assets. The step-parent problem may be one of the most difficult, and least understood, issues in Trust and Will law. And it can play out in many different ways […]
The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not […]
When someone dies in California, who is responsible to pay the debts? The simple answer is the estate, but that’s not such a simple matter in most cases. The reason it is not so simple is because most people do not require a probate estate to be opened. If all of your assets pass through […]
Last updated on 09/04/2024 What can you do when you find yourself left out of a parent’s Will? That all depends on the circumstances surrounding the creation of the Will in the first place. Understanding Inheritance Rights in California For starters, in California children do not have a right to inherit any property from a […]
When arranging to take care of your loved ones after your death becomes a concern, it’s necessary to consult an expert in matters of estate planning and probate. An experienced attorney can help you determine your needs and how best to ensure your last wishes will be met. Even so, it may be helpful to […]
Elder Financial Abuse: Estate Planning Can Help California defines financial elder abuse as the unlawful appropriation of money or tangible property from a person who is elderly. Whether from outright theft or from manipulation, elder abuse is a serious infraction that can result in jail time. Examples Of Elder Abuse Cashing checks without authorization Obtaining […]
